a_002

WHAT HAPPENED: Defendant is this case is probably the least-lucky person on Earth.  Defendant is charged with a sex crime for being slightly over 18 years old and having sex with someone who is a three year age difference.  This is a crime in the State of California, but it is legal in a strong majority of States.    After being convicted, Defendant moves to Michigan, where Defendant’s conduct would not have been a State crime.  Unfortunately, removal proceedings are brought against him, and even though he would not have been subject to removal in California, the same rules do not apply in Michigan.

WHY IS THIS BEFORE THE SUPRME COURT:  In an effort to make this generally unfair case more legal, Defendant is arguing that the immigration board’s ruling in favor of removal should be overturned, since Defendant’s crime should not subject him to removal as a “sex abuse” crime.  The State argues that even if this case is unfair, the immigration board’s ruling should stand since agencies are entitled to deference enforcing their own rules.

WHAT ARE THE RAMIFICATIONS:  One of the hot-button talking points of Trump’s new appointment is the possibility that the Court will overrule the Chevron doctrine, which is the above-referenced policy that agencies should be given deference for enforcing their own rules.  Presumably, this is the kind of case where you could make an argument that the unreasonableness of the doctrine is on display, since the different State rules and precedent have created a generally unfair proposition.  Unfortunately for this Defendant, the Conservative push for overruling agency authority is probably not going to come in a case involving immigration and sex crimes.

ROOT FOR ESQUIVEL-QUINTANA IF: you want to overrule Chevron, and don’t care about the underlying facts in what will likely be a landmark decision going forward.

ROOT FOR SESSIONS IF:  you want to overrule Chevron, but you’d rather wait until it’s an EPA decision that prevents a company owned by your right friend Doug from polluting a river.

PREDICTION:  SESSIONS 7-2

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